9\a 



THE 



ANGLO-AMERICAN 



C M M I S S I N 



BY 



EDVMRD PARKER 



FROM 
THE F R U M 
AUGUST 18 9 8 



(i1 



7- 



J3 



THE SPANISH WAR AND THE EQUILIBRIUM OF THE WORLD. 651 

tain, however, is, that, with the interior distributing-points well garri- 
soned, discrimination might go very far toward turning the commercial 
current against the maritime races. Supposing such discrimination to 
succeed, and China to be closed, the centre of exchanges might move 
east from the Thames ; and then London and New York could hardly 
fail to fall into geographical excentricity. Before the discoveries of 
Vasco da Gama, Venice and Florence were relatively more energetic and 
richer than they. On the other hand, if an inference may be drawn 
from the past, Anglo-Saxons have little to fear in a trial of strength ; 
for they have been the most successful of adventurers. They have risen 
to fortune by days like Plassey, the Heights of Abraham, and Manila; 
and although no one can be certain, before it has again been tested, that 
the race has preserved its ancient martial quality, at least aggression 
seems a less dangerous alternative than quiescence. The civilization 
which does not advance declines : the continent which, when Washing- 
ton lived, gave a boundless field for the expansion of Americans, has been 
filled ; and the risk of isolation promises to be more serious than the risk 
of an alliance. Such great movements, however, are not determined by 
argument, but are determined by forces which override the volition of 
man. 

Should an Anglo-Saxon coalition be made, and succeed, it would alter 
profoundly the equilibrium of the world. Exchanges would then move 
strongly westward ; and existing ideas would soon be as antiquated as 
those of a remote antiquity. Probably human society would then be 
absolutely dominated by a vast combination of peoples whose right wing 
would rest upon the British Isles, whose left would overhang the middle 
provinces of China, whose centre would approach the Pacific, and who 
would encompass the Indian Ocean as though it were a lake, much as 
the Romans encompassed the Mediterranean. Bkooks Adams. 



THE ANGLO-AMERICAN COMMISSION. 

In a letter to Talon, the Intendant at Quebec, Colbert, always in 
advance of his time, expressed a desire to see friendly relations prevail 
between the colonists of New France and the "English of Boston." It 
was advisable, he said, that the two peoples should trade with each 
other, that the English should have the same privileges in* the French 
fishery as they granted in their fishery to the subjects of France, and 
that they should be allowed to traffic with the Indians of Pentagouet 
(the Penobscot River region) to the same extent as they permitted the 
French to trade with the Indians round about Boston. Talon, in short, 
should do his best to arrange " un traitement r^ciproque" all round. On 
another occasion he observed that this was probably the only way to 
preserve peace on the frontier: and peace was most desirable; for it 
would be a grave business if France, with so many weighty cares in the 
Old "World, were exposed to the risk of war on account of disputes 
between her colonists and their English neighbors in the New World. 

England's position in North America to-day is quite as embarrass- 
ing in that respect as Colbert's. In the two hundred years that have 
passed, the English of Boston have become a mighty nation, the larger 
half of the English-speaking race, the commimity, above all others in 
the world, with which England, 

" Bearing on shoulders immense, 
Atlanteitn, the load, 
Well-nigh not to be borne. 
Of the too vast orb of her fate, " 

desires in her own interest to be at peace. But, owing to the friction 
continually arising between these powerful kinsmen and her present 
North American colonies, it is not always easy to maintain peace. With 
the exception of the Venezuela controversy, which soon subsided, all the 
disputes that have taken place between England and the United States 
since the Geneva Award, that is to say, in the last five and twenty years, 
have been disputes of Canadian or Newfoundland origin. One of Sir 
Julian Pauncefote's predecessors declared that, but for Ottawa, he would 
have had a sinecure. The points at issue, too, are, from the nature of 



-^ 



THE ANGLO-AMERICAN COMMISSION. 653 

the case, of little or no interest to Englishmen. More than once since 
1818 war between England and the United States has been imminent 
because of a disagreement between Americans and Canadians over such 
distant and wholly unimpressive matters — so at least Englishmen must 
have considered them — as the right of a Massachusetts skipper to sail 
through the Gut of Canso in pursuit of mackerel, or to buy bait and 
molasses at a Cape Breton store. The Seal Question has been on the 
boards for ten years, and has led to the exchange between London and 
Washington of reams of vehement despatches; including the famous 
"shirt-sleeves" missive, which a generation or two ago would assuredly 
have precipitated war. Yet the aggregate tonnage of the British Colum- 
bia sealing-fleet, which is causing all the trouble, does not exceed 3,500 
tons ; while it is tolerably safe to say that, outside official circles, the 
merits of the controversy are not understood by a half-dozen persons in 
the United Kingdom. 

The recent agreement between the United States and England for 
the appointment of an international commission to settle the various 
questions now at issue between the United States and Canada is char- 
acterized by a European diplomat as the " first-fruits of the close friend- 
ship that has sprung up between England and the United States since 
the war with Spain. " Perhaps I may be allowed to add that Sir Wilfrid 
Laurier began paving the way for a commission when he took office two 
years ago, and that his efforts, and those of the Liberal party of Canada, 
to promote a more cordial understanding between the United States and 
England date even further back. 

Canadian Liberals have always insisted that an increase of commer- 
cial intercourse between Canada and the United States would tend to 
do away with the controversies — petty but irritating, like a cinder in 
the eye — which grow out of the enforcement of a high tariff on each 
side of the boundary, or, to speak more correctly, out of the unneighborly 
spirit which Protection is apt to generate. If, they said, England's trade 
with Canada should suffer, as it most likely would, she would profit 
immensely by the removal of causes of difference with the United States. 

Sir Wilfrid Laurier' s desire to see an adjusting commission appointed 
would have come to nothing, but for the support it received at Washing- 
ton. Mr. McKinley may have been influenced by Britain's friendly 
attitude toward the United States in the present war: it is natural and 
proper, I suppose, that he should. But he hails from a border State, 
and, as a man of affairs, must perceive the worldly wisdom of cultivat- 
ing better relations with a neighbor who, though only five millions 



654 THE ANGLO-AMERICAN COMMISSION. 

strong, is now the third-best customer the United States has. One can 
fancy him saying : " The Eepublican party has taken a lot of trouble to 
extend trade with Central and South America. Why should we ignore 
Canada, a country which we can talk with by telephone, and reach by 
rail or water in a few hours, which last year bought more American 
goods, the product of American labor, than Mexico, Brazil, Venezuela, 
Chili, Colombia, Argentina, and the Central American States all put 
together?" 

In his accovmt of the causes which brought about the formation of 
the Prussian Zolherein, Kanke wrote in 1835 : — 

" We should not have complained that all our markets were overflowing with 
English manufactures, had not England, while she was inundating us with her pro- 
ductions, insisted on closing her markets to ours. England told us we were to buy, 
but not to sell. We were not willing to adopt reprisals : we vainly hoped that a 
sense of her own interest would lead to reciprocity. But we were disappointed ; and 
we were compelled to take care of ourselves. " 

Canada has been undergoing a similar experience. Not to go further 
back, in the ten years, 1888-97, she bought from the United States for 
home consumption merchandise of the value of $545,000,000. The 
duties amounted to $76,000,000, or about 14 per cent; a good propor- 
tion of the goods being free raw materials and food-stuffs. During the 
same period Canada's purchases from England were $385,000,000, on 
which $84,000,000, or over 20 per cent, was paid in duty. On the 
other hand, while Canadian exports to Britain have been steadily grow- 
ing, amounting in those ten years to $580,000,000, Canadian exports 
to the United States, harassed by onerous duties at the frontier, have 
amounted to only $420,000,000. 

Last year the Canadian people concluded that the time had come for 
a change. It was scarcely fair, they reasoned, to do most of their buy- 
ing from a neighbor who, witness the Dingley BUI, was not over- willing 
that they should sell, to the neglect of the mother-country, whose mar- 
kets are wide open to everything they choose to send. Beginning, there- 
fore, on August 1 of this year, there wQl be a reduction in the Canadian 
tariff of 25 per cent in favor of British goods and articles from certain 
British colonies, — i.e., such goods will pay rates of duty less by 25 per 
cent than the rates imposed on goods coming from the United States 
and other foreign countries. Economically speaking, this may not be a 
sound move. But there it is — the germ, perhaps, of a British Zollverein. 

It is hard to make people believe that those who tax their wares up 
to the hilt are not animated by ill-feeling toward them. Americans, of 



THE ANGLO-AMERICAN COMMISSION. 655 

course, bear no ill-will to Canada. When they think about her at all, 
they regard her as a country destined in the fulness of time to fall into 
the Union from sheer force of the law of attraction, and to be a source 
of health and strength to it ; offsetting less desirable acquisitions which 
events seem to be thrusting upon the Republic. Yet, while none are 
more ready than Americans to strike back when they are struck at by 
the Tariff legislation of other countries, they do not make sufficient 
allowance for the feelings of those who writhe under their own heavy 
boots. There is no denying that Canadians have for years felt hurt at 
the treatment meted out to them by the Tariff Acts of Congress ; and 
when the Dingley Bill became law, there was a well-nigh universal 
demand for giving British goods a preference. But if they wish to get 
the same tariff rate as Britain, to retain their export trade with Canada 
and to enlarge it, Americans can easily do so by being a little more lib- 
eral in their treatment of the Canadian farmer, lumberman, fisherman, 
and miner. They can lose nothing by making the experiment ; for trade 
will not grow between the United States and Canada, or elsewhere, 
unless it is mutually beneficial. At present each Canadian man, woman, 
and child buys twelve dollars' worth of American goods annually — more 
fer capita by a good deal than any other people on this continent. I 
do not suppose that the Commission will do more than make a begin- 
ning of Reciprocity ; selecting a few articles, natural and manufactured, 
for reduced duties or for the Free List. But, as a matter of fact, there 
is nothing to hinder the American export trade with Canada from being 
augmented from $60,000,000 to $100,000,000 a year— nothing but the 
unwillingness or timidity of Americans themselves. Certain persons are 
raising the cry of "Canadian cheap labor," although surely it is demon- 
strable that the well-paid American artisan, with his energy and intel- 
ligence and elaborate machinery, and with the huge home market which 
enables the specialization of his labor and machinery to be carried to 
the extremest limits, is the cheapest producer in the world ; reckoning 
cost of production, as we ought to do, by the cost per yard or per pound. 
Mr. Blaine used to insist that Canada should be shut out of the 
United States market till such time as she elected to enter the Union : 
he was sure "the eagle would do well not to fatten the lion's whelp." 
It goes without saying that exclusion from the American market is a 
serious loss to Canada : it hinders, as nothing else could, the develop- 
ment of her resources, and the settlement of her vast areas of virgin 
land. Between exclusion from the United States market and the com- 
petition of French bounty-fed cod, Newfoundland, England's oldest col- 



666 THE ANGLO-AMERICAN COMMISSION. 

ony, has been reduced to bankruptcy ; and the British West Indies have 
suffered a like fate through exclusion from the United States market and 
through the competition of boimty-fed beet sugar. 

But the loss is not all on one side. One of the earliest instances of 
harsh fisc<al legislation was the refusal of the Romans to allow their 
transalpine allies to grow olives or vines. They did this to keep up 
the price of oil and wine in Italy. The old colonial policy of England, 
France, and Spain was based on the same sophism. But no modem 
statesman who looks into the thing can believe that his country derives 
nothing but benefit from a policy which impoverishes its neighbors. If 
Canada has suffered, manifestly the United States has suffered too in 
being deprived through all these years of just so many consumers of 
American iron, pork, and com. As for the political effect, — Mr. Blaine's 
object apparently being to starve Canada into the Union, — it is a fact 
that the feeling in favor of annexation was more widespread in Canada 
during the life (1854-66) of the Elgin-Marcy Reciprocity Treaty than it 
has been at any time since. Of all people Americans have the best 
right to know how hateful coercion is to men of English blood. It has 
never been applied successfully to an English-speaking commimity, nor, 
for the matter of that, to any commimity worth having. 

The Alien Labor Laws in force in the two comitries will be consid- 
ered by the Commission, with the view of reaching some satisfactory 
modification. It wiU be remembered that some years ago Congress 
passed an Act imposing a head-tax on immigrants, and excluding con- 
victs, Imiatics, and persons imable to take care of themselves. This 
law was favorably regarded in Canada, which often receives immigrants 
of an imdesirable sort. But, when Congress went further and, in conse- 
quence of what had occurred in Pennsylvania, — where European laborers 
had been imported to take the place of strikers, — added a provision 
excluding foreign laborers and mechanics who, previous to embarkation, 
had entered into contracts to work in the United States, trouble at once 
arose at points like Buffalo and Detroit, where quite a number of Cana- 
dian mechanics were stopped and sent back. The Canadian labor organ- 
izations are affiliated with the labor organizations of the United States ; 
and when non-union men were hired in Canada to supplant strikers in 
the United States, the inspector on the American side got a hint, and 
arrests followed. By and by an Alien Labor Law was demanded in 
Canada; and one was recently passed containing pretty much the same 
provisions as the American enactment. The man in the United States 
who hires over there to come to Canada is now treated as contraband. 



THE ANGLO-AMERICAN COMMISSION. 657 

Both laws, however, are readily evaded. There is nothing in either to 
prevent an American or Canadian laborer from crossing the line to work, 
provided he makes his bargain with the employer on his arrival in the 
other country, and not before. At the same time much ill-feeling is 
caused by arrests. In some cases — as, for example, where a servant-girl, 
leaving Canada with her mistress, was stopped at the frontier on the 
groimd that she had left under contract — the law has been set in mo- 
tion by malevolence. American laboring-men complain of the French- 
Canadians who work in the United States in summer and return home 
in winter — a class known in French Canada as hirondelles. They admit 
that European laborers come and go in the same way. In Canada there 
are complaints against Italian navvies, who come from the United States 
to work on new railways, and return with their savings. 

The dispute over the boundary between Alaska and the Canadian 
Yukon, which the Commission will endeavor to settle, has become an 
important one, owing to the Klondike gold discoveries. The United 
States having obtained title to Alaska by purchase from Eussia, the 
boundary between Canada and Alaska is governed by the convention 
entered into between Great Britain and Eussia in 1825. The Boundary 
articles of this convention are as follows : 

" 3. The line of demarcation between the possessions of the high contracting 
parties upon the coast of the continent and the islands of America to the northwest 
shall be drawn in the manner following : 

Commencing from the southernmost point of the island called Prince of Wales 
Island, which point lies in the parallel of 54° 40' north latitude, and between the 
one hundred and thirty-first and one hundred and thirty-third degrees of west longi- 
tude (Meridian of Greenwich) , the said line shall ascend to the north along the chan- 
nel called Portland Channel as far as the point of the continent where it strikes the 
fifty-sixth degree of north latitude ; from this last-mentioned point, the line of de- 
marcation shall follow the summit of the mountains situated parallel to the coast as 
far as the point of intersection of the one hundred and forty -first degree of west lon- 
gitude (of the same meridian) ; and, finally, from the said point of intersection, the 
said meridian line of the one hundred and forty-first degree, in its prolongation as 
far as the frozen ocean, shall form the limit between the Russian and British posses- 
sions on the continent of America to the northwest. 

4. "With reference to the line of demarcation laid down in the preceding article, 
it is understood : 

(a) That the island called Prince of Wales Island shall belong wholly to Russia. 

(6) That wherever the summit of the mountains which extend in a direction par- 
allel to the coast, from the fifty-sixth degree of north latitude to the point of intersec- 
tion of the one hundred and forty-first degree of west longitude, shall prove to be at 
the distance of more than ten marine leagues from the ocean, the limit between the 
British possessions and the line of coast which is to belong to Russia, as above men- 
tioned, shall be formed by a line parallel to the windings of the coast, and which 
shall never exceed the distance of ten mariae leagues therefrom." 

42 



668 THE ANGLO-AMERICAN COMMISSION. 

With respect to the interpretation of this description, it is asserted 
on behalf of Canada: (1) Tliat the point of commencement is Cape Cha- 
con, at the southernmost point of Prince of Wales Island, in latitude 54° 
42' or thereabouts. The line does not begin from a parallel of latitude, 
but from a point on an island. (2) As to its course from this point, it 
is believed that a more consistent reading of the convention will be 
arrived at by omitting the words " called Portland Channel" : for, to reach 
Portland Channel, it is necessary to go nearly due east from the point 
of beginning ; and this channel does not reach so far north as the fifty- 
sixth degree of latitude. The line, accordingly, should run from Cape 
Chacon northward along Clarence Strait and Ernest Sound ; reaching the 
continent at the fifty-sixth parallel on the shore of the narrow strait 
called Seward Passage. 

It is thought the United States will claim that the line is to follow 
the parallel of latitude 54° 40' due east to the entrance of the inlet called 
on the charts Portland Inlet; thence to follow that inlet and Portland 
Canal to its head ; and thence in a straight line to the point which may 
be decided upon as the initial point of the boimdary-line north of the 
fifty-sixth degree. On behalf of Canada it is claimed that, if the words 
"Portland Channel" in the convention are applied to Portland Canal on 
the present charts, the line, to reach Portland Canal, is not to go by 
Portland Inlet, but to the north of Wales and Pearse Islands. " From 
this last-mentioned point," that is, the point at which the line drawn 
according to the preceding portion of the description reaches the fifty- 
sixth parallel, the line of demarcation should follow the summits of the 
mountains alongside of and nearest to the coast, as far as the one hun- 
dred and forty-first degree of longitude. "The coast" here means the 
ocean coast; that is, the mainland looking toward the ocean, and not 
the shores of inlets. 

It is believed that the contention of the United States in this par- 
ticular will be that the shores of the inlets, however far they may run 
into the interior of the continent, are to be taken as the coast; and again, 
that on account of the extreme irregularity of the mountain ranges in 
that region, the tracing of a consistent line along the summits of the 
mountains parallel to the coast is impossible, and that, therefore, re- 
course must be had to the alternative line of the convention — a line 
parallel to the sinuosities of the coast, and ten marine leagues distant 
from tidewater. 

Pending the final location of the boundary, the United States occu- 
pies the coast Irom the Lynn Canal to Portland Canal; leaving Canada 



THE ANGLO-AMERICAN COMMISSION. 659 

dependent for access to the Klondike from the seaboard on a circuitous 
land-and-river route from Observatory Inlet or Alice Arm. The true 
commercial route to the Klondike is that via the Lynn Canal ; and no 
doubt railway commimication will soon be established from there to 
Selkirk and Dawson City, provided the two Governments can agree as 
to the bonding privilege. 

The bonding system in general will be discussed: but the Com- 
mission is not likely to disturb the existing arrangement, which rests on 
legislation by the United States and Canada; the bonding provisions of 
the Washington Treaty of 1871 having, it is held, lapsed." In the 
Treaty of 1794 between the United States and England it was provided 
that " no duties shall be payable on any goods which shall merely be 
carried over any of the portages or carrying-places on either side" of the 
boundary between the United States and Canada, " for the purpose of 
being immediately reembarked and carried to some other place." This 
was the germ of the bonding system. As the development of the two 
countries proceeded, the system grew more complex. Upper and Lowei 
Canada, now known as Ontario and Quebec, had access in summer to 
the Atlantic by the St. Lawrence ports of Montreal and Quebec ; but in 
winter they were cut off. This led them to ask for the privilege of 
using ports on the American seaboard in winter, which was conceded 
by the United States. Subsequently the Western States were allowed 
by Canada to send their products in bond by the Lakes and the St. 
Lawrence to Montreal, as well as to Oswego and Ogdensburg, and to 
bring goods from Europe and from the Eastern States the same way. 
In 1856, with the completion of American railways running to the 
boundary, the transit of goods in bond by rail from Unfted States places 
through Canada to other United States places — States-to-States traffic — 
was permitted by Canada; while the United States permitted goods to 
be carried in bond from one Province to another through American 
territory. ' 

A glance at the map will show that these arrangements were, so to 
say, forced upon the two countries by the physical configuration of t'/.e 
upper part of the continent. In winter, when the St. Lawrence, is 
frozen, the nearest seaports to Montreal and Toronto are Portland, I/'S- 
ton, and New York. On the other hand, the Province of Ontario pro- 
jects for four hundred miles into American territory ; parts of it are chat 

' President Cleveland's Message on Relations with Canada, August 23, 1888 ; 
and President Harkison's, on the Transportation of Imported Merchandise etc., 
February 2, 1893. 



660 THE ANGLO-AMERICAN COMMISSION. 

much south of a straight line drawn from the top of Minnesota to the 
top of Maine; the inhabited portion lies directly in the path of com- 
munication between Minnesota, Wisconsin, Illinois, and Michigan in 
the West and New York and New England in the East ; so that, as the 
Senate Interstate Commerce Committee has observed, the traffic over 
the Canadian railways " has been of inestimable value to the New Eng- 
land States and of vast importance to the Northwestern States, and es- 
pecially to Chicago." 

The Michigan Central runs through Ontario on its way from the 
Detroit to the Niagara Eiver. The Canadian Pacific runs through Maine 
and Vermont on its way from the St. Lawrence to its connections with 
Boston and to St. John and Halifax ; in the West, subsidiary lines enable 
it to reach Diduth and Minneapolis from Sault Ste. Marie, and to pen- 
etrate through Dakota; whilst it uses an American line of steamers to 
convey freight from its British Columbia termini to San Francisco and 
other points on the Pacific. The Northern Pacific owns lines within 
Canadian territory, which have received a subsidy from the Manitoba 
Government; a line controlled by Americans runs from Spokane Falls 
into the Kootenay district of British Columbia ; and the Great Northern 
enters British Columbia as far as New Westminster by a line from 
Seattle. The Canadian roads exchange freight and passengers along 
the international boundary with some tliirty American railways. The 
bridges over the Niagara Eiver, those over the St. Lawrence, — including 
the Victoria Bridge at Montreal, — and the tunnel under the St. Clair 
River form part of the network of intercommunication. The transpor- 
tation interests of the two countries are, in fact, inextricably woven 
together along the whole length of the boundary from Maine to Michi- 
gan, and are rapidly becoming interlaced in the newer regions between 
the Great Lakes and the Pacific Ocean. 

It has been asserted that the Canadian Pacific and Grand Trunk — 
th«'. Canadian Pacific more particularly — make a great deal of money 
out of their States-to-States traffic, and that, as they are not subject to 
the\ Interstate Commerce Act, and have been subsidized out of the 
Canadian Treasury, their competition with American railways for that 
traflyc is unfair. From a circular recently issued by the United States 
Trea(5ury it appears that in 1897 5,350,000 tons of States-to-States 
traffic were carried by rail through Canada. I do not know what the 
aggret.^ate interstate tonnage of all the railways in the United States 
may be; but obviously 5,350,000 tons cannot be more than an unim- 
portant fraction of it. It turns out that all of it was not carried by the 



THE ANGLO-AMERICAN COMMISSION. 661 

Canadian Pacific and Grand Trunk : the Michigan Central, an Amer- 
ican line, carried very nearly one-half. Published returns of the Cana- 
dian Pacific show that the States-to-States business done by that road 
in 1897 did not amount, all told, to more than 350,000 tons, the earn- 
ings from which, it has been pointed out, did not equal the sum spent 
by the Company in the purchase of American plant and material. 

I cannot deal here with the construction subsidies paid to the Cana- 
dian Pacific and Grand Trunk, except to say that they have been seri- 
ously, though quite unintentionally, exaggerated by Senator Elkins. 
The answer of these two roads to the charge, that they do not observe 
the Interstate Act, is that they observe it on their American as well as 
on their Canadian lines as faithfidly as the purely American roads, and 
are ready at any time to submit their books to inspection at Washing- 
ton. One thing is tolerably clear : the American shipper is benefited by 
having access to the Canadian lines, or he would not use them, — from 
which we may conclude that the demand for their exclusion from States- 
to-States traffic is not put forward in his interest. 

A revision of the agreement of 1817 respecting gunboats on the 
Great Lakes may be attempted by the Commission ; and an effort wUl 
be made to establish joint regulations for the protection of fish in the 
Great Lakes and on the seaboard. Something will be done, too, toward 
getting rid, once for all, of the North Atlantic Fishery Question, which 
has for so long been a source of irritation. Canadians contend that, by 
Article 1 of the Treaty of 1818, Americans renoimced forever the right 
to enter Canadian ports, except to procure wood and water, to obtain 
shelter, and to make repairs. Eminent American authorities, notably 
Senator Hoar, maintain that prior to 1818 no American vessels, whether 
employed in fishing or in commerce, had a right to enter a Canadian 
port; consequently everything stipulated in the Treaty in behalf of 
American fishing- vessels was a clear gain, favoring them above all other 
American vessels. But now, by the Canadian interpretation, these same 
fishermen are treated as if they had no part in the humane and liberal 
policies of later times. 

For many years the British Government enforced the Canadian inter- 
pretation by her ships of war; American vessels being seized for enter- 
ing Canadian ports for purposes other than those named, or for fishing, 
or preparing to fish, within the three-mile limit or within certain bays, 
or for hovering in Canadian waters without being in need of shelter or 
repairs, wood or water. But early in 1871, the Washington negotia- 
tions being at hand, England adopted a different view, and warned the 



662 THE ANGLO-AMERICAN COMMISSION. 

Ottawa Government that, while the exclusion of the Americans " might 
be warranted by the letter of the treaty," it was, nevertheless, an " extreme 
measure, inconsistent with the general policy of the Empire." Canada, 
however, insisted on the interpretation, and placed cruisers of her own on 
the sea, except while the Fishery clauses of the Washington Treaty were 
in force, and her fish had free entry to the American market. When those 
clauses lapsed, she again began seizing American vessels; and things 
went from bad to worse until 1888, when the Bayard- Chamberlain nego- 
tiations took place. The treaty drafted at that time failed to pass the 
United States Senate ; but a modus vivendi was established whereby on 
payment of an annual tonnage-tax American fishermen were allowed to 
enter Canadian ports to purchase bait, ice, seines, and all other supplies, 
to ship crews, and to transship their catch in bond to Canadian railways 
or to steamers bound for the United States. 

This is how the matter stands at present. Aside from the meaning 
of Article 1, whatever it may be, Americans hold that, inasmuch as 
they permit Canadian fishing- vessels to enter American ports free of 
charge for bonding and all other commercial purposes, it is not fair for 
Canadians to refuse the same privilege to them, — more especially since 
Canadians concede it to the fishermen of the Miquelon Islands, whose 
cod receive a bounty, and whose country, France, levies prohibitory duties 
on fish, and performs no neighborly service at all for Canada. American 
fishermen contend, furthermore, that if the bonding system between the 
two countries is to be preserved, it must, at least, be administered equi- 
tably, and that they are as much entitled to bond fish as is the Ontario 
farmer to bond wheat or potatoes. The bonding privilege has sprung 
up since the Treaty of 1818, and must be held to supersede any restric- 
tions in that venerable parchment. It is the firm belief of the Amer- 
ican fisherman that the "cussedness" of Canadians in this matter is due 
to a belief that, if they continue to worry him. Congress will give them 
free access for their fish to the United States market in order to buy 
them off. He does not want to share in their in-shore fisheries, which 
they prize so much, but merely to bond in Canadian ports the fish he 
catches in the deep sea, so that he may save tlie time now lost in run- 
ning to and fro between the Banks and Gloucester. 

The Bering Sea Question is another topic on which the Commission 
will strive to reach an agreement. Congress has paid the amount 
($470,000) awarded by Judge Putnam and Mr. Justice King as damages 
for the seizure by United States vessels of British Columbia sealers prior 
to the reference of the general case to the Paris Tribunal. The United 



THE ANGLO-AMERICAN COMMISSION. 663 

States wishes to see pelagic sealing still further restricted, and, if pos- 
sible, stopped. But the Canadian sealers cannot very well be prevented 
by the Canadian Government from carrying on an industry sanctioned 
by international arbitration. The sealers aver that, as it is, their indus- 
try is restricted to death. They are excluded from the three-mile limit 
along the coast of the United States in the North Pacific ; they may not 
approach the Pribilof Islands within a zone of sixty miles ; they may 
not use firearms of any kind in Bering Sea, nor rifles in the water-area 
lying north of 35° north latitude and eastward to the one hundred and 
eightieth degree of longitude till it strikes the water-boundary described 
in the Treaty of 1867, following that line up to Bering Strait, about 
5,000,000 square miles. They are precluded from using nets and 
explosives in that area, and from taking seals in it in any manner 
between May 1 and July 31. Further, they may not take seals within 
a zone of thirty miles round the Kommandorski Islands, nor within a 
zone of thirty miles of Eobben Island, Okhotsk Sea, nor within a zone 
of ten miles on any of the Eussian coasts on the mainland in the North 
Pacific. Last, but not least, their sealskins are now excluded from the 
United States market. The only way apparently of putting a stop to 
pelagic sealing is to buy out the Canadian sealers, whose fleet, in conse- 
quence of these restrictions, has dwindled to fifty-four vessels, aggregat- 
ing 3,400 tons. Edwaed Faeeek. 



AUSTRIA-HUNGARY UNDER THE REIGN OF FRANCIS 

JOSEPH.— II. 

As already shown, the compromise of 1867 did not reestablish the 
Personal- Union of the old territorial system. On the contrary, by its 
provisions, the actual union between the two divisions of the Empire was 
maintained, and, with this union, that unity and uniformity of system 
as to essentials which had been introduced by Schwarzenberg. This was 
true in a still higher degree of each half of the Empire 'per se. Upon the 
whole, it may be said that the uniformity of government consummated 
under Bach has been maintained to the present day. In Hungary, indeed, 
the idea of centralization has been more strongly accentuated ; while in 
Austria, despite the abolition of absolutism, questions of central impor- 
tance are no longer submitted to the crown lands and their parliaments. 

By reason of the compromise with Hungary, Austria proper on De- 
cember 21, 1867, framed a new constitution in place of that of 1861. 
According to this new constitution, the Imperial Diet and the various 
federal departments at Vienna are empowered to exercise jurisdiction 
in the following matters and departments; viz., international treaties; 
Department of Army Reserves (these reserves in Austria, as in Germany, 
are recruited from the regular army) ; the Department of Finance ; the 
Department of Direct and Indirect Taxes ; the control and supervision 
of accounts ; the national debt ; money, weights, and measures ; postal 
and railway systems ; shipping ; banks ; sanitary legislation ; laws affect- 
ing the national and civil qualification of citizens ; the police system for 
the surveillance of foreigners, and the Department of Passports; the 
Census Department; religious affairs; the privileges of societies, and the 
right of public assemblage ; censorship and copyright ; the Department 
of Education; the Departments of Criminal and Civil Law; legislation 
affecting the organization of the courts and of the administrative depart- 
ments ; the administration of the laws affecting the general rights of 
citizens; and, finally, all affairs affecting the relations between the vari- 
ous crown lands of Austria. Although all other matters are controlled 
by the legislative bodies of the several kingdoms, lands, and munici- 
pal corporations, it will readily be seen that the power vested in the 



35 CENTS 



Xhe fbrum 



EDITED BY J. M. KICE 



AUGUST, 1898 

The Spanish "War and the Equilibrium of the World. 

^ BROOKS ADAMS 641 

Author of " The Law of Civilization and Decay' ' 

The Anglo-American Commission ..... EDWARD FARRER 652 

Austria-Hungary Under the Reign of Francis Joseph.— II. 

His Excellency ALBERT von SCHAFFLE 664 

Formerly Austrian Minister of Commerce 

New Constitutional Amendments JAMES SCHOULER 676 

The Development of the Policy of Reciprocity. 

Hon. JOHN BALL OSBORNE 683 

Joint Secretary of the Reciprocity Commission 

The Future of Great Telescopes T. J. J. SEE 693 

Of the Lowell Observatory, Arizona 

Our Need of a Permanent Diplomatic Service. 

Hon. GEORGE L. RIVES 702 

Formerly Assistant Secretary of State 

How a Savage Tribe is Governed . . Major JOHN W. POWELL 712 

Director of the Bureau of American Ethnology 

The Repetition of History in Our War with Spain. 

S. LEONARD THURLOW 723 

The Problem of Immortality : Some Recent Mediumistic Phenomena. 

JAMES H. HYSLOP 736 

Professor of Logic and Ethics, Columbia University 

New Trials for Old Favorites . . Prof. BRANDER MATTHEWS 749 



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